TERMS AND CONDITIONS Alterations Alterations represent work performed in addition to the original specification. Such additional work shall be charged at current rates and be supported with documentation upon request. Color Proofing Because of the differences in equipment, processing, proofing substrates, paper, inks, pigments and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. Conditions of Copy Upon receipt of original copy or manuscript, should it be evident that the condition of the copy differs of that which has been originally and consequently quoted, the original quotation shall be rendered void and a new quotation issued. Creative Work Creative work, such as sketches, copy, dummies and all preparatory work developed and furnished by the ad agency/printer, shall remain his exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the ad agency/printer, and not expressly identified and included in the selling price. Customer-Furnished Materials Paper stock, inks, camera copy, film, color separation, and other customer-furnished material shall be manufactured, packed and delivered to the ad agency/printer’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. Customer's Property The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the printer’s possession; printer’s liability for such property shall not exceed the amount recoverable form such insurance. Customer’s property of extraordinary value shall be insured through mutual agreement. Delivery Unless otherwise specified, the price quoted is for a single shipment, without storage. FOB local customer’s place of business or FOB ad agency/printer’s platform for out-of-town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to ad agency/printer, or from customer’s supplier to ad agency/printer, are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates at customer’s request. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages, or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and the printer cannot accept liability for shortage based on supplier’s tickets. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Experimental Work Experimental of preliminary work performed at the customer’s request will be charged at current rates and reimbursed in full of the amount of charges billed. Indemnification The customer shall indemnify and hold harmless the ad agency/printer from any loss, cost expense, and damages (including court costs and reasonable attorney fees) on and proceeding that may be instituted against the ad agency/printer on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person’s right to privacy or other personal rights, except to the extent that the ad agency/printer contributed to the matter. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against the ad agency/printer, provided that the agency/printer shall promptly notify the customer with respect thereto, and provided further that the ad agency/printer shall give the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof. Liability Ad agency/printer’s liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any agreement, ad agency/printer shall have the right, if necessary to retain possession of and shall have a lien on, all customer property in ad agency/printer’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien. Orders Orders regularly placed, verbal or written cannot be cancelled except upon terms that will compensate the printer against loss incurred in reliance of the order. Over-Runs and Under-Runs Over-runs and under-runs not to exceed 10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery. Ad agency/printer will bill for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities, the percentage tolerance must be doubled. Prepatory Materials Working mechanical art, type, negatives, positives, flats, plates, and other items when supplied by the ad agency/printer shall remain his exclusive property unless otherwise agreed in writing. Pre-Press Proofs Pre-press proofs shall be submitted with original copy. Corrections are to be made on "master set", and returned marked "O.K. to Print" or "O.K. to Print when Alterations indicated are complete" and signed by customer. If revised proofs are desired, request must be made when proofs are returned. Ad agency/printer cannot be held responsible for errors under either or both of the following conditions: if the customer has failed to return proofs with indication of changes or if the customer has instructed printer to proceed without submission of proofs. Press Proofs Unless specifically provided in ad agency/printer’s quotation, press proofs will be charged at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of make ready. Lost press time due to customer delay, or customer changes and corrections, will be charged at current rates. Production Schedules Production schedules provided that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of customer or ad agency/printer. Where production schedules are not adhered to by the customer, final delivery date(s) will be subject to renegotiation. Shipping All shipping charges are at an additional cost unless otherwise stated prior to point of order. Shipping costs may be billed as estimates. Quotation A quotation not accepted within sixty days is subject to review. All prices are based on material costs at the time of quotation. Terms of Payment Payment shall be whatever was set forth in quotations or invoice unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within a period of (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance that they fully comply with terms, conditions, and specifications.